Madhuraj Singh Tomar vs State Of Madhya Pradesh

Sunita Yadav, J

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Ambah, District Morena in connection with crime No. 473/2022 registered for the offence punishable under Section 188 of IPC, 34 (2) of Excise Act and section 27 of Arms Act.

Allegations against the applicant in short are that the police apprehended the applicant and recovered from his possession 104.4 bulk litre of country made liqour, for which, he was not having any valid license.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated in the present case on the basis of political rivalry as his wife is contesting election of Panchayat counsellor. He further argued that applicant is the only earning member of his family. He further argued that present applicant has been arrayed as accused in the present case only on the basis of memorandum of co-accused Rohit Singh Kushwah, which has no evidentiary value. He further argued that co-accused Rohit Singh Kushwah has already been enlarged on bail by the trial court. He further argued that cartridges of gun seized from the house of the applicant belong to his father, who is having licensing gun with a valid license. He further argued that the criminal cases registered against the applicant only on the basis of political rivalry forming criminal antecedents, in which, the applicant has already been acquitted. The present case is triable by the Judicial Magistrate First Class. The applicant is permanent resident of District Morena. He further argued that applicant is in custody since 05/07/2022 and conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakhs only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court .

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.